A night filled with drinking often ends in disaster. This is because people’s judgment is greatly clouded when alcohol is involved. You could be charged with Driving Under the Influence – C.R.S. 42-4-1301. Or, you could be charged with Obstructing a Police Officer – C.R.S. 18-8-104. If the police approach you because your behavior is disorderly, if you are driving, or if you are committing a crime, odds are you won’t like your personal space invaded. If you “obstruct” or “impair” a peace officer from completing his or her duty, you will be charged with Obstruction in Morgan, Logan or Weld County.
An Example of Obstructing a Peace Officer in Colorado
We’ll illustrate how a person can be charged with Obstruction. Late last year in Colorado, a man passed out in his car on the side of the road after drinking too much. He had pulled over, but his car was still running. The police arrived on the scene and woke the man up by opening his car door. They then requested he step out of the vehicle. The man refused. And why should he not refuse? He was intoxicated, and being awakened by police and ordered to get out of his car most likely sounded like a bad idea. Eventually, the officers pulled the man out of his car – but he continued to resist, so a Taser was used. His evening of drinking ended in an arrest for DUI and Obstructing a Peace Officer.
Obstruction: Vague Definition Gives Power to Police
In order to be charged with Obstruction in Washington, Phillips, or Yuma County, a person must use or threaten to use “violence, physical interference, or an obstacle,” and “knowingly obstruct, impair, or hinder” a police officer (the statue also includes firefighters, EMT’s, rescue specialists and volunteers in an official capacity) from enforcing the law or rendering medical care. As you can see, the terms are vague: How do you define “obstruct,” “hinder” or “impair?” These terms are left to the translation of the officer, DA and judge. Such terminology doesn’t leave much room for the rights and freedoms of good people.
Why You Need a Lawyer for Obstructing a Police Officer
It is vital for your future that you work with an experienced criminal defense attorney if you have been charged with Obstruction in Greeley, Johnstown or Berthoud. This is because you will be fighting law enforcement agencies in court. The DA and judges don’t often rule against police officers because their jobs require they work together. Here at the O’Malley Law Office, we have over 20 years of experience fighting against the government. We know the strategies used to convict you of Obstruction, and we will use this knowledge in creating a strong defense. Don’t stand alone in court and face the cops, DA and judge. Work with a lawyer who has a thorough understanding of criminal law.
If you or a loved one has been arrested by the Weld County Sheriff or Greeley Police for Obstruction of a Peace Officer, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a FREE consultation at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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